Consequently, in reviewing the Secretary's decision, this Court's role is narrowly circumscribed. The sole question is whether there was substantial evidence in the record as a whole to support the findings of the Secretary that the claimant was not entitled to receive disability insurance benefits. "Substantial evidence" has been defined as ' such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. ' Richardson v. Perales, 402 U.S. 389, 401, 28 L. Ed. 2d 842, 91 S. Ct. 1420 (1971); Ginsburg v. Richardson, 436 F.2d 1146, 1148 (3d Cir.), cert. denied, 402 U.S. 976, 29 L. Ed. 2d 142, 91 S. Ct. 1680 (1971); Barats v. Weinberger, 383 F. Supp. 276, 279 (E. D. Pa. 1974). As our own Third Circuit has cautioned, "'substantial' means just that and is not the equivalent of a 'scintilla.'" Hess v. Secretary of HEW, 497 F.2d 837 (3d Cir. 1974).

After a careful review of the record and briefs, and for the reasons which shall appear hereinafter, this Court is of the opinion that the record in this case be remanded to the Secretary.

To qualify for disability insurance benefits under Sections 223 and 216(i) of the Social Security Act, 42 U.S.C. §§ 423, 416(i), an individual must meet the insured status requirements of these Sections, be under age 65, file an application for disability insurance benefits and be under a "disability", as defined by the Act. The term "disability" is defined in Section 223 as:

(d)(1) . . . .

(A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months;

(B) . . . .

(2) For purposes of paragraph (1)(A)--

(A) an individual . . . shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work. For purposes of the preceding sentence (with respect to any individual) "work which exists in the national economy" means work which exists in significant numbers either in the region where such individual lives or in several regions of the country.

In order to qualify for Supplemental Security Income benefits on the basis of disability under Section 1602 of the Social Security Act, 42 U.S.C.A. § 1381a, an individual must file an application for SSI benefits based on disability and must be an "eligible individual" as defined in the Act.

The term "disabled individual" as used in Section 1611(a) of the Act, supra, is defined in Section 1614(a) of the Act, 42 U.S.C.A. § 1382c(a) in language identical to Section 223 quoted above.

The claimant has the burden of establishing that he was disabled within the meaning of the Social Security Act, § 223(d)(5), 42 U.S.C. § 423(d)(5); Blalock v. Richardson, 483 F.2d 773 (4th Cir. 1972); Gardner v. Richardson, 383 F. Supp. 1 (E. D. Pa. 1974). In order to establish a disability, a claimant must prove, first, that he has a medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months, and, second, that the impairment renders him unable to engage in any substantial gainful employment, Baker v. Gardner, 362 F.2d 864 (3d Cir. 1966); Bujnovsky v. Celebrezze, 343 F.2d 868 (3d Cir. 1965); Powell v. Richardson, 355 F. Supp. 359 (E. D. Pa. 1973).

The claimant was not prevented from engaging in any substantial gainful activity for a continuous period which has lasted or can be expected to last at least 12 months.

Counsel for the claimant asserts that the rejection of the claimant's disability was against the weight of the evidence, and that the opinion of the vocational expert was rejected by the Administrative Law Judge. The vocational expert was asked to assume that the claimant had as much pain as he testified. In response to this hypothetical question, the expert stated that the claimant may not be able to keep up with the work output required.

The question is presented as to whether the Secretary gave consideration to claimant's subjective complaints. "Symptoms which are real to the claimant, although unaccompanied by objective medical data, may support a claim for disability benefits, providing [claimant] satisfies the requisite burden of proof." Bittel v. Richardson, 441 F.2d 1193, 1195 (3d Cir. 1971). The possibility of fabrication or exaggeration by the claimant cannot be overlooked. Accordingly, when evaluating the evidence, the Secretary must consider the credibility of a claimant's testimony as to pain. Barats v. Weinberger, 383 F. Supp. 276, 284 (E. D. Pa. 1974); Baith v. Weinberger, 378 F. Supp. 596 (E. D. Pa. 1974).

The Administrative Law Judge's report in this case makes no mention of the claimant's subjective complaints of disabling pain other than to acknowledge that such complaints were made. The Administrative Law Judge did not make a specific determination concerning the claimant's testimony as to his pain. Baerga v. Richardson, 500 F.2d 309 (3d Cir. 1974), cert. denied, 420 U.S. 931, 95 S. Ct. 1133, 43 L. Ed. 2d 403 (1975). He may believe or disbelieve the claimant's testimony. Barats v. Weinberger, supra; Baith v. Weinberger, supra. If, however, he fails to make a finding concerning the claimant's testimony as to disabling pain, the record must be remanded for such a finding. Barats v. Weinberger, supra; Baith v. Weinberger, supra. The record in this case will, therefore, be remanded to the Secretary for specific findings with respect to the claimant's complaints of disabling pain.

ORDER

AND NOW, to wit, this 10th day of May, 1978, for the reasons set forth in the Court's memorandum of May 10th, 1978, it is hereby ORDERED that this case is REMANDED to the Secretary for specific findings with respect to the claimant's subjective complaints of pain.

Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.

Buy This Entire Record For
$7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.